Legal Question in Real Estate Law in California
My rental property in California has gone into foreclosure. My tenant has refuses now to pay rent. She stopped payment on a check for June because she said I would not credit her deposit, which is not true. Can I evict the tenant for non payment of rent. She owes three months of rent at $2450 per month as of August 1. The foreclosure sale will not be any earlier than Oct 15, 2009.
2 Answers from Attorneys
You could, but why would you want to do the work that the bank could do and spend money on it? By the time you're finished with the three-day notice and the unlawful detainer trial, you'll probably be pushing mighty close to the foreclosure date.
You could, and maybe the tenant would pay you rather than be evicted. Also, a successful unlawful detainer could result in not only getting a writ of possession (which would have limited value, as Mr. Cohen notes) but also in getting a judgment for the rent owed, which could have some value.
I would be careful if you could possibly be accused of illegal rent skimming as defined in the Civil Cide, sections 890 to 893.
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